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Minister of Agriculture, Forestry and Fisheries v. Ito

27 Gyosai reishu 1175 (1976)

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Minister of Agriculture, Forestry and Fisheries v. Ito

Sapporo High Court
27 Gyosai reishu 1175 (1976)

Facts

The Japanese government, including the Ministry of Agriculture, Forestry, and Fisheries (defendant), sought to build a Nike anti-aircraft missile base in a forest in Hokkaido. The government sought to build the Nike anti-aircraft missile base under the Self-Defense Force Law, a statute enacted following the Second World War to provide for a limited self-defense force for Japan. Various entities (plaintiffs) challenged the commission of the anti-aircraft missile base. These challengers argued that using the Self-Defense Force Law as a justification for building such a military installation was invalid under Article 9 of the Japanese Constitution. The Sapporo High Court heard the matter on appeal.

Rule of Law

Issue

Holding and Reasoning (Ogawa, Ochiai, J.J.)

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Comparative Constitutional Law

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